Wife H1-H4

[ckumar]

Greetings,

Please help me for the following. I would appreciate for the same.

I am in USA working on H1B, my visa is valid till next year September 2012, My wife was on H4 status as a dependent till this Feb 2011. After that her H1b got approved in Feb 2011 and she started working in April 2011. For some reason, she needs to go urgently to India, so she left to India in last week of August.

His Client doesn't have a policy to give Client Letter which I guess is must for now a days for stamping at Consulate.

1. Will she go for stamping her H1B at consulate without Client Letter? Are there any chances of Rejection as her H1 Petitioner is a consulting company?

2 What is the other option, Can she come on H4 Visa which is stamped in her passport and is valid till next year. Is that H4 is still vaild, as I am not sure that it got invalid as soon as she got H1B approval?

Please advice. Thanks in advance.

Thanks
CKumar

[kabkaba]

Greetings,

Please help me for the following. I would appreciate for the same.

I am in USA working on H1B, my visa is valid till next year September 2012, My wife was on H4 status as a dependent till this Feb 2011. After that her H1b got approved in Feb 2011 and she started working in April 2011. For some reason, she needs to go urgently to India, so she left to India in last week of August.

His Client doesn't have a policy to give Client Letter which I guess is must for now a days for stamping at Consulate.

1. Will she go for stamping her H1B at consulate without Client Letter? Are there any chances of Rejection as her H1 Petitioner is a consulting company?
Yes, that is possible espcially if there are layers between her employer and end client.
2 What is the other option, Can she come on H4 Visa which is stamped in her passport and is valid till next year. Is that H4 is still vaild, as I am not sure that it got invalid as soon as she got H1B approval?
She can return on H4 Visa, it is not invalid. But she cannot work if she returns in H4 status. She will have to do another change of status before she can start working.

Please advice. Thanks in advance.

Thanks
CKumar

See above.

[Monnuaggarwal]

@ckumar

Get a cover letter from the employer stating client's inability to furnish a client letter.

In such situations even petitioner's attorney can assist in preparing such letters and endorsed the authenticity of Employer-Client relationship . Support it along a copy of employer-client agreement.

Representing attorney needs to submit all such responses at the time of LCA, petition approval.